Palanisamy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16145 of 2023 Palanisamy

... Petitioner/1st Accused

Vs State, represented by The Inspector of Police, Pappakudi Police Station, Tirunelveli District. (Crime No.148 of 2023).

... Respondent/Complainant

For Petitioner : Mr.N.Balasubramanian,

Advocate.

For Respondent : B.Nambiselvan,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.148 of 2023 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner/1st accused herein, who was arrested on 05.08.2023 for the alleged offence under Section 328 IPC and Sections 6(a), 24(1) of Cigarette and Other Tobacco Products Act r/w. Section 4(1)(a) of Tamil Nadu Prohibition Act, in Crime No.148 of 2023 on the file of the respondent Police, seek bail.

¶2The case of the prosecution is that on 05.08.2023 on receiving secret information, when the respondent Police party had gone to the garden at Thulakkapatti, the petitioner and other accused were found in illegal possession of banned tobacco products in the four gunny bags and the same was seized by the respondent Police. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent person and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that the petitioner is involved in 17 previous cases, among which, four cases registered under TNP Act and three cases registered under TNPDL Act and others registered under IPC offences.

¶5Considering the bad antecedents of the petitioner, he is not entitled for any discretionary relief. Hence, this petition deserves dismissal and accordingly dismissed. sd/- 07/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. Indu TO

¶1The Inspector of Police, Pappakudi Police Station, Tirunelveli District.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3 The Superintendent, Central Prison, Tirunelveli. ORDER IN CRL OP(MD) No.16145 of 2023 Date :07/09/2023 SSA/VRS/12.10.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023